227/2013 Sb.
LAW
of 20 December. June 2013
amending the law No 6/1993 Coll. on Česká národní banka, as amended by
amended, and other related laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on the Czech National Bank
Article. (I)
Law No 6/1993 Coll. on Česká národní banka, as amended by law No. 60/1993
Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., the finding of the constitutional
the Court declared under no 278/2001 Coll., Act No. 482/2001 Coll., Act
No 127/2002 Coll., Act No. 257/2004 Coll., Act No. 377/2005 Coll., Act
No 57/2006 Coll., Act No. 62/2006 Coll., Act No. 230/2006 Coll., Act
No 160/2007 Coll., Act No. 36/2008 Coll., Act No. 124/2008 Coll., Act
No 254/2008 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act
No 295/2009 Coll., Act No. 145/2010 Coll., Act No. 156/2010 Coll., Act
No 41/2011 Coll., Act No. 92/2011 Coll., the Act No. 136/2011 Coll., Act
No 139/2011 Coll., Act No. 357/2011 Coll. and Act No. 428/2011 Coll.,
amended as follows:
1. In article 1, paragraph 2 reads:
"(2) the Czech National Bank is a legal entity of public law established
in Prague ".
2. In article 1 (1). 3, the word "specific" shall be replaced by the word "other".
3. In section 1, paragraph 4 shall be deleted.
4. in section 1, the following new section 1a, including footnote No 20 and
21:
' section 1a
The Czech National Bank is part of the European system of central banks
under the Treaty on the functioning of the European Union) and by ^ 20 Protocol on the Statute of the
The European system of central banks and of the European Central Bank (hereinafter referred to
"the Statute") ^ 21) and participates in the implementation of the objectives and tasks of the European system of
central banks.
Article 20). 282 of the Treaty on the functioning of the European Union (consolidated version).
21) Article. 1 of Protocol (No 4) on the Statute of the European system of Central
banks and of the European Central Bank. ".
5. In section 2 (2). 1, the first sentence shall be inserted after the phrase "the Czech National Bank
cared about financial stability and about the safe functioning of the financial system in
The Czech Republic ".
6. In section 2 (2). 1 at the end of the text of the third sentence, the words "and the General
economic policy in the European Union with the intention to contribute to the achievement of the objectives of the
The European Union ".
7. In section 2 (2). 2, introductory part the provisions of:
"(2) the Czech National Bank carries out the following tasks:".
8. In section 2 (2). 2 (a). (c)), the words "of branches of foreign banks"
replaced by the words "foreign banks engaged in banking activities on the
the territory of the Czech Republic through its subsidiaries (hereinafter referred to as "branch
foreign banks ") of the" and the word "payment" shall be inserted after the words "and
settlement ".
9. In section 2 (2). 2 (a). (d)), the words ", performed by the analysis of the development of the
the financial system, takes care of safe operation and development of the financial
the market in the Czech Republic and contributes to stability of the financial
system as a whole "is replaced by" (section, paragraph 44. 1) ".
10. In section 2 (2). 2, letter d) the following point (e)), which read:
"e) recognizes, monitors and assesses the risk of threat to the stability of the financial
system and in order to prevent or reduce these risks
contributes through its powers to the resilience of the financial system
and maintaining financial stability, and creating a macro-prudential policy;
If necessary, the creation of macro-prudential policy cooperates with
the authorities of the State, the scope of this policy ".
Letter e) is renumbered as paragraph (f)).
11. In section 2 (2). 2 (a). (f)), the word "specific" shall be replaced by
the "other".
12. In section 2, paragraph 3 is added:
"(3) the Czech National Bank in performing its tasks shall cooperate with the
the central banks of other countries, international bodies dealing with
supervision of the financial market, with international financial institutions and
international authorities dealing with supervision of financial market and
negotiates with them within its scope of the agreement. ".
13. At the end of the text of the footnote No. 19 the words ", as amended by
Directive of the European Parliament and of the Council of 2011/61/EU ".
14. In section 2a of the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Czech National Bank shall inform the European Council for system risks
on significant measures to reduce risks that could jeopardise the
the stability of the financial system in the Czech Republic. ".
15. In section 3 of the text at the end of paragraph 5, the words "in a manner
enabling remote access ".
16. At the end of section 3a shall be added to the phrase "part of this message is also
the strategy of macro-prudential policy. This report published by the Czech
the National Bank also means that allow remote access ".
17. under section 3a is inserted after section 3b is inserted:
"§ 3b of the
(1) in carrying out its tasks, the Czech National Bank may issue a recommendation,
warning or warnings to the public, the authorities specified in the Czech Republic
or individual or species designated by the parties.
(2) if the publication of the recommendations, warnings or warning could
compromise the performance of the tasks of the Czech National Bank, cannot be granted by
the law relating to the free access to information. ".
18. In section 5 (3). 1, the second sentence is replaced by the phrases "the Board determines
Monetary and macro-prudential policy and tools for their
implementation. Decide on the essential measures of monetary and
macro-prudential policy and in the area of financial market supervision ".
19. In section 5 (3). 2 (a). (e)), the dot after the word "Bank" is replaced by
by a semi-colon and the word "These" shall be replaced by the word "those".
20. In section 6 paragraph 3 reads:
"(3) No person shall act as a member of the Bank Council of more than
twice. ".
21. In section 6, paragraphs 4 and 13 are deleted.
Paragraphs 5 to 12 are renumbered as paragraphs 4 to 11.
22. In section 6 (1). 6 (a). (d)), the words "and in the area of" shall be replaced by the words "or
in the field ".
23. In section 6, paragraphs 10 and 11, including the footnote No 22:
"(10) a member of the Bank Council may be relieved from Office only if,
He stopped to meet the conditions required for its performance, or
committed to serious misconduct ^ 22). The decision on the appeal to the Governor
service is also the Governing Council of the European Central Bank.
(11) if it is not the function of the Governor, shall instruct the Bank Council a
from the viceguvernérů function of the Governor at the time, than will be appointed
the new Governor. Designated by the Lieutenant Governor performs the function of the Governor in full
the extent of its powers and responsibilities.
Article 14, paragraph 22). 2 of the Protocol (No 4) on the Statute of the European system of
central banks and of the European Central Bank. ".
24. section 8:
"section 8
On behalf of the Czech National Bank, the Acting Governor, who also signs the
legislation and acts issued by the Czech National Bank and organised in
The collection of laws. The Governor represents the authorised Vice-Governor in full
range. ".
25. In section 9 paragraph 1 including the footnote No. 23:
"(1), Czech National Bank, the Banking Council nor any member of the Bank Council
may not, in exercising the powers and performing the tasks and duties conferred upon them by
Treaty on European Union, the Treaty on the functioning of the European Union and the Statute of the
and in the performance of other activities to seek or take instructions from
President of the Republic, the Parliament, the Government and other authorities of the Czech
Republic, further from authorities, institutions or other bodies of the European
the Union, from the Governments of the Member States of the European Union or from any other
operator ^ 23).
23) Article. 130 of the Treaty on the functioning of the European Union (consolidated version).
Article. Protocol (No 4) on the Statute of the European system of central banks and of the
The European Central Bank. ".
26. In section 9 (2). 2, after the word "currency" shall be inserted the word ",
macro-prudential ".
27. In section 10, paragraph 1. 2, after the word "nature", the words ",
macro-prudential policy ".
28. In section 19, paragraph. 1 the word "special" is replaced by the word "other".
29. In section 23, the word "specific" shall be replaced by the word "other".
30. sections 24 to 26 of the following:
"§ 24
(1) the banks, branches of foreign banks, and savings and credit cooperatives
are required to have on account at the Czech National Bank maintain the fixed part
their resources as mandatory minimum reserves. Required reserves
are maintained in Czech crowns and may be interest-bearing.
(2) mandatory minimum reserves may not exceed 30% of the total
the obligations of the person who is required to maintain required reserves
(hereinafter referred to as "mandatory person"), minus the liabilities of the person required to
other principal parties. If required by the monetary policy of the Czech national
the Bank, the amount of the required minimum reserves may be established differently
for generically specified mandatory of the person.
§ 25
If required, the person does not maintain a set of required reserves,
The Czech National Bank is entitled to charge it from the amount by which are not
provided for mandatory minimum reserves filled, interest of the corresponding
twice the average of the Lombard rate in the period, after which it was required
maintain minimum reserves.
section 26
The Czech National Bank shall lay down by Decree
and) the amount of required reserves,
(b)) a day, from which the required person must, within a specified amount of mandatory minimum
the reserve maintain,
(c)) period, after which the required reserves,
(d)), from which the circuit commitments to maintain required reserves, and
sources of data on these commitments,
(e)), which will be determined by the procedure laid down above the statutory minimum
provisions in the event that the required person data, from which the amount of the mandatory
the reserve provides for Česká národní banka. ".
31. Section 26a shall be deleted.
32. section 30, including footnotes, no 24:
"section 30
The Czech National Bank leads accounts by budget rules ^ 24).
24) Law No 218/2000 Coll., on the budgetary rules and the change
some related acts (budgetary rules), as amended by
amended. ".
33. In article 31, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
34. § 31a:
"§ 31a
The Czech National Bank may, on the basis of the agreement with the Ministry of finance
According to the budgetary rules ^ 24) to negotiate deals with investment
Tools ^ 3b) or other transactions or carry out activities that is
The Ministry of finance, in accordance with the budgetary rules ^ 24) shall be entitled to
through the Czech National Bank. This is without prejudice to § 31. ".
Footnote 3a shall be deleted.
35. section 33, including footnote No 25 and 26:
"§ 33
(1) the Czech National Bank may issue securities and do business with them.
(2) the Czech National Bank is empowered to keep a register of securities
representing the right to repayment of the amount owed, issued by the
and the Czech Republic),
(b)), the Czech National Bank,
(c)) other issuers.
(3) the Czech National Bank is authorised to keep a record, building on the
Central Register of securities, led by the Central Depositary ^ 25).
(4) the Czech National Bank is authorized to operate a settlement system with
finality of settlement of the law governing business
capital market ^ 26).
25) § 100 et seq.. Act No. 256/2004 Coll.
26) § 82 et seq.. Act No. 256/2004 Coll. ".
36. In § 34 paragraph. 2 the words "the special law ^ 4)" are replaced by the words "the law
governing the activity of the bank ^ 4). "
Footnote 4:
"4) Law No 21/1992 Coll., on banks, as amended.".
37. under section 34 shall be added to § 34a, which including the title and notes
line No 27 to 29:
"§ 34a
Prohibition on Monetary financing
(1) the Czech National Bank in accordance with the Treaty on the functioning of the European
Union ^ 27) and implementing it directly applicable provision of the European
Union ^ 28) may not provide the option of overdraft balance bank accounts
or any other type of credit institutions or other bodies
The European Union, central Governments, regional, local or
other public authorities, other bodies governed by or
public undertakings ^ 29) the Member States of the European Union; It is also disabled
direct purchases of their debt instruments of the Czech National Bank.
(2) paragraph 1 shall not apply in the case of banks, foreign banks, and
savings and credit cooperatives in public ownership, which the Czech
National Bank in connection with the provision of funds
provides the same treatment as banks, foreign banks, and
savings and cooperatives in the privately owned úvěrním ^ 29).
27) article 123 of the Treaty on the functioning of the European Union (consolidated version).
28) Council Regulation (EC) no 3603/93 of 13 February 2003. December 1993 laying
specifying definitions for the application of the prohibitions referred to in articles 104 and 104b (1)
Of the Treaty.
29) Article. 8 Council Regulation (EC) no 3603/93. ".
38. In section 35 (b). (b)), the word "course" replaced by the word "course".
39. In section 35 (c)):
"(c)) shall be treated with foreign reserves in gold and foreign-exchange values.".
40. In section 35 (d)) shall be deleted.
41. section 36:
"§ 36
The Czech National Bank is entitled to
and trade and gold) of the foreign exchange values and perform all kinds of
banking business on the financial market,
(b)) to carry out payment transactions with foreign countries. "
42. In paragraph 37. 2 the word "regulation" is deleted.
43. Section 38 shall be added to § 38a is inserted:
"§ 38a
The Czech National Bank is entitled to security of their tasks
arising from § 2 (2). 2 (a). (c) require the operator)
the payment system, settlement system operator, provider
payment services and electronic money issuers information
relating to the operation of these systems and the information related to the
the provision of payment services and the issuance of electronic money, and these
persons are required to provide information to the Czech National Bank.
44. the footnote No 7:
"7) § 1 (1). 1 (a). (b)) and paragraph 3 of Act No. 21/1992 Coll., on banks,
in the wording of later regulations. ".
45. section 40:
"§ 40
The Czech National Bank is authorised to carry out the investment and trading activities
to the extent necessary to ensure their activities. ".
46. under section 40 of the new part of the ninth, including a title and notes
footnote No. 30 to 36:
"PART OF THE NINTH
REPORTING AND STATISTICS
TITLE I OF THE
REPORTING
§ 41
(1) the Czech National Bank is entitled to require under this Act, or
other legislation to ensure the security of its tasks, the necessary information and
the handouts in the form of statistical reports and the financial statements for the purposes of supervision,
additional information or information (hereinafter the "statement") from returning
individuals who are
and persons subject to its supervision) and foreign persons with similar
business operating on the territory of the Czech Republic on the basis of the
single licence
(b)) other persons doing business on the territory of the Czech Republic, which belongs to the
sector financial institutions by directly applicable regulation
Union governing the system of national and regional accounts in the European
Union ^ 30),
(c)) of the person holding the information needed for Assembly
balance of payments, international investment position and debt service to
abroad, the Czech National Bank shall inform about inclusion in the circuit
statistically significant returning persons; for this purpose, the Czech
the National Bank shall be entitled to require the necessary information and documents for
assessment of statistical significance.
(2) the Statements referred to in paragraph 1, the Czech National Bank is entitled to use the
the security of all its tasks, unless another law otherwise.
(3) the reporting persons are obliged to draw up and submit to the Czech national
bank statements, which the content, form, and manner of preparation and
the submission for each of the headings of the returning persons provides for the Czech
the National Bank by Decree.
(4) If submitted statements do not correspond to the requirements laid down by
paragraph 3, or if you have reason to doubt their accuracy
or completeness, the Czech National Bank is entitled to require the correction,
clarification or explanation.
TITLE II
STATISTICS
section 42
(1) the Czech National Bank to ensure the tasks laid down directly
the applicable provisions of the European Union ^ 31)
and provides statistical reporting), including obtaining and collection
data for statistical purposes,
(b)) processes and creates and compiles statistical information, leads and
published statistics,
(c) participates in the formation) of the statistics of the European system of central banks and of the
The European Central Bank ^ 32) and contributes to the compilation of statistics
The European Union ^ 33).
(2) to ensure the tasks referred to in paragraph 1 shall be provided by the Czech National Bank
time limits the statistical information and individual information in
the structure and detailed breakdown of the European Central Bank and the
Eurostat.
(3) to ensure the tasks referred to in paragraph 1, ensures the Czech national
Bank methodology of statistical surveys, their treatment and recovery, and
definition of the content of the required information, including a description of their structures.
(4) to ensure the tasks referred to in paragraph 1, the Czech National Bank is entitled to
to request and use for statistical purposes, the data and information that
are necessary for the compilation of statistics the European system of Central
Bank, the European Central Bank or the European Union and that of the Ministry of
and other administrative authorities obtained or collected on the basis of other
the legislation, if such data and information ministries and
other administrative authorities processed and when they are available in their
information systems. Ministries and other administrative authorities are obliged to
The Czech National Bank, the necessary information on request free of charge
provide.
§ 43
In the interest of reducing the burden of returning persons under section 41 applies, the Czech
the National Bank building on the directly applicable European Union legislation and
in accordance with the General principles of the European Central Bank's point of view
statistical significance and may, for this purpose, the Decree lay down
and reporting a particular circuit) the extent of returning persons or for particular
the kind of data that you want the report to include,
b) circuit statistically significant returning persons.
§ 43a
(1) the Czech National Bank compiles, leads and publishes the monetary statistics,
balance of payments statistics, statistics of the quarterly financial accounts,
Statistics of financial markets, securities, and other statistics
statistics in its field of competence.
(2) the Czech National Bank leads the list of MFIs ^ 34)
The Czech Republic and other similar lists for statistical purposes, which
published in a manner enabling remote access.
section 43b
The Czech National Bank in the acquisition and use of the collected data and
compilation of statistics cooperates with the Czech Statistical Office,
which forwards each individual data for statistical purposes, and
the statistical information needed to fulfil their tasks.
§ 43c
(1) the application of the right of verification and compulsory collection the individual
statistical data of the Czech National Bank is governed by a directly applicable
^ EU regulation 35).
(2) during the verification of the statistics or their compulsory collection
in the form of checks on the spot, on the relations between the Czech National Bank and
the reporting person applies the law governing the performance of the checks.
section 43d
In accordance with the commitments, which the Czech Republic is bound and which
resulting from its membership in international organisations, the Czech national
the Bank provides statistical information, International Monetary Fund,
The Organization for economic cooperation and development, the World Bank and other
international institutions.
section 43e
The Czech National Bank permanently secures the protection of confidential statistical
^ 36) data obtained on the basis of this law, so that they cannot be
unlawfully altered, destroyed, lost, transferred or otherwise used, and the
These data were used only for statistical purposes. This protection
also are subject to the combined data for more returning persons, of which can be used without
spending excessive time and effort directly to determine or to determine or
indirectly deduce the individual reporting person.
section 43f
(1) the Czech National Bank can provide confidential statistical data only
and another Member) European system of central banks and of the
the level of details that are necessary for the fulfilment of the tasks of the European
system of central banks,
(b)) the European Central Bank to fulfil the statistical reporting
obligations for the purposes of making statistics of the European system of Central
banks,
(c)) for the purposes of making statistics of Eurostat, the European Union,
(d)) another Member the European system of central banks or the Member of the
The European statistical system, if it is necessary for the development,
the development or dissemination of statistics or for increasing the quality of the service,
(e)), the Czech Statistical Office under section 43b,
(f)) for the purposes of scientific research on the basis of the Treaty, which provides for the
the fulfilment of the conditions of protection of these data and the exact method of their use in
accordance with the law of the European Union, and that of legal persons, the
the basic mission is scientific research; the information shall be provided in the form of
non-direct determination of the returning persons who provided information
concern, or
(g)) If a person that this figure relates to the provision gave
consent, and except in the cases referred to in points (a) to (f))); from
the consent of this person must be clear about what the confidential statistical information is
It is, and for what purpose and who is to be granted.
(2) the Czech National Bank may disclose statistical information, if
incurred by the aggregation of individual data for at least 3 of the reporting person.
If this condition is met, the Czech National Bank may provide
statistical information only as confidential statistical data according to the
of paragraph 1. As the Czech National Bank is progressing, even if, if it can be of
statistical information indirectly identify an individual reporting
the person.
(3) the provision of confidential statistical data under the conditions referred to in
paragraphs 1 and 2 is not a violation of the confidentiality obligation under this Act.
§ 43g
The Czech National Bank publicises results of statistical
the discovery means that allow remote access.
30) Council Regulation (EC) No 2223/96 of 25 June 1996. June 1996 on the European
system of national and regional accounts in the community, as amended.
31) Article. 5 of the Protocol (No 4) on the Statute of the European system of Central
banks and of the European Central Bank.
Council Regulation (EC) no 2533/98 of 23 November. November 1998 concerning the collection of
statistical information by the European Central Bank, as amended by regulation
Council Regulation (EC) no 951/2009.
Council Regulation (EC) No 2223/96.
32), for example, the European Central Bank Regulation (EC) No 25/2009 of
December 19, 2008, the balance sheet of the monetary financial institutions sector
(recast) (ECB/2008/32), as amended by regulation of the European
Central Bank (EU) No 883/2011, the European Central Bank
(EC) No 63/2002 of 20 December 2002. December 2001 concerning statistics on interest rates
applied by monetary financial institutions to deposits and loans vis-
households and non-financial corporations (ECB/2001/18), in its up-to-date version,
European Central Bank Regulation (EC) no 958/2007 of 27 April. July
2007 concerning statistics on the assets and liabilities of investment funds (ECB/2007/8)
European Central Bank Regulation (EC) No 24/2009 of 19 October. December
2008 concerning statistics on the assets and liabilities of single-purpose financial companies
involved in securitisation transactions (ECB/2008/30).
for example, 33) European Parliament and Council Regulation (EC) No 184/2005 of the
on 12 June 2006. January 2005 on Community statistics concerning payment
balance of payments, international trade in services and foreign direct
investment, as amended, regulation of the European Parliament and of the Council (EC)
No 716/2007 of 20 July. June 2007 on Community statistics on the
the structure and activity of foreign affiliates, as amended by Commission Regulation
(EC) no 747/2008, Commission Regulation (EC) No 601/2006 of 18 May 2006. April
2006, implementing regulation of the European Parliament and of the Council (EC) No.
184/2005, as regards the format and procedure for the transmission of data,
Commission Regulation (EC) No 602/2006 of 18 May 2006. April 2006, amending
Regulation of the European Parliament and of the Council (EC) No 184/2005 updates
data requirements.
34) Council Regulation (EC) no 2533/98.
European Central Bank Regulation (EC) No 25/2009.
Article 35). 6 Council Regulation (EC) no 2533/98.
Article 36). 8 Council Regulation (EC) no 2533/98, as amended by Council Regulation (EC) No.
951/2009. ".
The former part of the ninth to twelfth are referred to as part of the tenth to
the thirteenth.
47. In paragraph 44. 1 (a). and the words ") branches of foreign institutions
electronic money ' shall be replaced by the words "foreign institutions
electronic money institutions which operate on the territory of the Czech Republic
through its branch ", the words" payment institutions "
the words "foreign payment institutions, carrying out
activity on the territory of the Czech Republic through its branches, "and for the
the word "scope" shall be inserted after the words "operators of payment systems
with the finality of settlement ".
48. In paragraph 44. 1 (a). (b)) for the word "systems", the words "with the
finality of settlement "and the word" specific "shall be replaced by the word
the "other".
49. In paragraph 44. 1 letter e) is added:
"e) activities of other persons, for which other legislation so provides."
Footnote No. 9 d is deleted.
50. In paragraph 44. 1 at the end of subparagraph (e)) the comma is replaced by a dot and the
subparagraph (f)), including footnotes, no 9e shall be deleted.
51. In paragraph 44. 2 (a). and), the word "previous" be deleted and the word
"specific" shall be replaced by the word "other".
52. In paragraph 44. 2 (a). (c)), the word "specific" shall be replaced by
"the other" and the word "and" shall be deleted.
53. In paragraph 44. 2 (a). (d)), and (e)), the word "specific" shall be replaced by
the "other".
54. In § 44a, the following paragraphs 4 and 5 shall be added:
"(4) the Czech National Bank can save a person referred to in section 44, paragraph. 1,
that violated this law or legislation to which reference is made in the
paragraph 1, measures to rectify identified lack of proper
the nature of the infringement and its severity; for the removal of the identified deficiency
determine an appropriate time limit.
(5) the person that corrective measures were imposed in accordance with paragraph 4,
the Czech National Bank informs about correct the deficiency without undue
delay then, when was the lack of removed, at the latest within 10 days
After the expiry of the time limit provided. ".
55. The footnote No 9j and 18 are repealed.
56. In paragraph 44b. 1 introductory part of the provision, the words "the ninth of this
the Act "shall be replaced by the word" nine ".
57. In paragraph 44b. 7 the word "special" is replaced by the word "other" and
the word "specific" shall be replaced by the word "other".
58. In paragraph 44b. 8, the word "specific" shall be replaced by the word "other".
59. the following section is inserted after section 44b 44 c is inserted:
"§ 44 c
If the Czech National Bank carries out activities on the basis of this Act,
which, according to another law requires a license, permit or
the Czech National Bank or the registration is subject to its supervision, license,
authorisation or registration to such an activity needs and this activity
subject to its oversight. "
60. In section 45, paragraph 1 reads:
"(1) in the performance of supervision in the form of checks on the spot with the relations between the Czech
the National Bank and its controlled entities governed by the law governing the performance of the
Control ^ 10) with the exception of the provisions on cooperation in the field of control ^ 11).
Access to the file held by the in the exercise of supervision pursuant to section 44, paragraph. 2 (a).
b) to (d)) is out of the question. ".
Footnote. l is deleted.
61. § 45a, 45b and 45 c shall be deleted.
62. In paragraph 2 of § 45 d is added:
"(2) the Czech National Bank publishes a report on the performance of the supervision of
the financial market in a way that allows remote access. ".
63. under section 45 d the following new part of the eleventh and twelfth, including
the headings and footnotes, no. 37 and 38:
"PART OF THE ELEVENTH
ADMINISTRATIVE OFFENCES
section 46
Misdemeanors
(1) a natural person has committed the offence by
and) contrary to section 16a of the paragraph. 1 produces, imports, offers, sells or otherwise
expands medals, tokens or similar items, interchangeable with coins
or memorials coins issued by the Czech National Bank, or
b) contrary to section 16a of the paragraph. 2 used in the description or the description of the token,
the medal or a similar subject in connection with the offering,
the sale or dissemination of the word "coin".
(2) for the offence referred to in paragraph 1 may be to impose a fine up to Czk 1 0000 0000.
section 46a
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) Legal or natural person established by the administrative
tort by
and) contrary to section 16a of the paragraph. 1 produces, imports, offers, sells or otherwise
expands medals, tokens or similar items, interchangeable with coins
or memorials coins issued by the Czech National Bank,
b) contrary to section 16a of the paragraph. 2 used in the description or the description of the token,
the medal or a similar subject in connection with the offering,
the sale or dissemination of the word "coin"
(c) does not provide the necessary information or) basis under section 44a of the paragraph. 1,
(d) fails to comply with an obligation imposed by decision) about measures to remedy under section
paragraph 44A. 4, or
(e)) does not inform the Czech National Bank to correct the deficiency according to § 44a
paragraph. 5.
(2) the Legal or natural person-entrepreneur as a person referred to in section
paragraph 41. 1 (a). and (b))), or (c)) commits misconduct by
and does not submit a statement or does), pursuant to section 41, paragraph. 3, or
(b)) in contravention of section 41, paragraph. 4 does not make the correction, clarification or explanation
the statement.
(3) for the administrative offence is imposed in the
10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)
or (b)),
b) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)),
(c)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)), or
(e)) or under paragraph 2 (a). and) or (b)).
§ 46b
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
It has commenced proceedings in the administrative authority of 1 year from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
The Czech National Bank.
(5) The liability for the acts, which took place in the business of physical
person or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) a fine for administrative offenses imposed by the Czech National Bank selects and
enforced by the locally competent Customs Office. Income from the fines imposed on the Czech
the National Bank under this law is income of the State budget.
PART OF THE TWELFTH
THE ADMINISTRATIVE MANAGEMENT
section specifically
Special provisions on decompilation
For the termination of the proceeding against the decision of the Czech national
the Bank under this or any other Act, the provisions of the administrative
the order of revocation ^ 37).
§ 46d
Administrative fees
The administrative fees for the acts of the Czech National Bank, according to another legal
^ code 38) are income of Czech National Bank.
§ 46e
The responsibility of the legal successor of the dohlížené legal person for administrative
tort
(1) the administrative liability of legal persons for the offence, to which
the Czech National Bank pursuant to this Act or any other
the law, passed on to its successor.
(2) if Moved under paragraph 1 on more successors in title
legal persons shall, when deciding the type and area of sanctions and
to what extent were transferred to each of them, benefits, and other income
the benefits from the illegal activity, or to what extent the
any of them in this activity continues.
(3) If a legal person Expires, that administrative offence committed, to
the entry into force of the decision, which was responsible for this administrative tort
fine, the obligation to pay the fine on the legal
the successor to the defunct legal persons. If it is, successors are more
required to pay the fine jointly and severally.
37) section 90 of the Act No. 500/2004 Coll., the administrative procedure code.
38), Act No 634/2004 Coll., on administrative fees, as amended
regulations. ".
The former part of the eleventh to thirteenth as part of the thirteenth
up to the fifteenth.
64. In § 47 odst. 2 the word "necessary" is deleted.
65. In § 47 odst. 3 the word "wages" shall be replaced by the word "wages".
66. In article 47, the following paragraph 6 is added:
"(6) the Czech National Bank publishes an annual report on the outcome of its
management in a way that allows remote access. ".
67. under section 47 is added to § 47a is inserted:
"section 47a
The Czech National Bank disposes with its own assets, including foreign currency
the reserves competently. ".
68. In section 48, paragraph. 1 the word "special" is replaced by the word "other".
69. § 49a is inserted:
"§ 49a
(1) the Czech National Bank issues in a manner enabling remote access
Journal of the Czech National Bank (hereinafter referred to as "the Gazette").
(2) the Journal is published in sequentially numbered amounts designated
serial numbers, whose series is concluded at the end of each calendar
of the year.
(3) the Czech National Bank publishes the official communication from the Czech National Bank,
which, in particular, of the decisions of the Bank shall inform the Council of interest
rates for interpretative opinions of the Czech National Bank, the conditions
for the implementation of the Czech National Bank and shops of facts relevant
for those that operate on the financial market.
(4) an official communication from the Czech National Bank signed by the Member of the Bank Council.
(5) an official communication from the Czech National Bank has published in the Gazette. ".
Footnote No. 12b and 12 c shall be deleted.
70. section 49b is hereby repealed.
71. In section 50, paragraph 2, including the footnote No. 39:
"(2) a person subject to the obligation under paragraph 1 may be
The Czech National Bank released from obligation to maintain the confidentiality
the cases provided for in other legislation or in the public interest
or if it is necessary to protect the interests of the Czech National Bank. The obligation to
maintain confidentiality laid down in the Statute of the ^ 39) this does not affect.
Article 39). 37 of the Protocol (No 4) on the Statute of the European system of Central
banks and of the European Central Bank. ".
72. section 59 is repealed.
Article. (II)
1. The assets with which the Czech National Bank separately managed according
§ 1 (1). 4 of law No 6/1993 Coll., as amended, effective the day of acquisition
the effectiveness of this law, is the property of Czech National Bank.
2. the administrative proceedings instituted by law No 6/1993 Coll., as amended effective
to the effective date of this law shall be completed in accordance with the existing laws,
regulations.
PART THE SECOND
Amendment of the Act on banks
Article. (III)
Act No. 21/1992 Coll., on banks, as amended by Act No 264/1992 Coll.,
Act No. 292/1993 Coll., Act No. 156/1994 Coll., Act No. 83/1995 Coll.,
Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.,
Act No. 16/1998 Coll., Act No. 127/1998 Coll., Act No. 165/1998 Coll.
Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 319/2001 Coll.
Act No. 126/2002 Coll., Act No. 453/2003 Coll., Act No. 257/2004 Coll.
Law No 439/2004 Coll., Act No. 377/2005 Coll., Act No. 413/2005 Coll.
Act No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll.
Act No. 70/2006 Coll., Act No. 159/2006 Coll., Act No. 189/2006 Coll.
Law No 443/2006 Coll., the finding of the Constitutional Court, declared under no.
37/2007 Coll., Act No. 120/2007 Coll., Act No. 296/2007 Coll., Act No.
126/2008 Coll., the Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No.
254/2008 Coll., Act No. 433/2008 Coll., Act No. 215/2009 Coll., Act No.
227/2009 Coll., Act No. 230/2009 Coll., Act No. 281/2009 Coll., Act No.
285/2009 Coll., Act No. 287/2009 Coll., Act No. 156/2010 Coll., Act No.
160/2010 Coll., Act No. 409/2010 Coll., Act No. 41/2011 Coll., Act No.
73/2011 Coll., Act No. 139/2011 Coll., Act No. 188/2011 Coll., Act No.
263/2011 Coll., Act No. 420/2011 Coll., Act No. 428/2011 Coll., Act No.
458/2011 Coll., Act No. 470/2011 Coll., Act No. 37/2012 Coll. and Act No.
254/2012 Coll., is hereby amended as follows:
1. section 15 reads as follows:
"§ 15
The Czech National Bank establishes the rules of procedure by Decree of the banks and branches
foreign banks from another Member State pursuant to section 12a of the rules under section
13 and 14. ".
2. In article 24, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
3. In section 26, paragraph. 3 (b). (b)), the word "laws" shall be replaced by "the laws and
the other "and the words" and measures issued by the Czech National Bank "
shall be deleted.
4. In section 26bb paragraph. 2 (a). (b)), the word "or" after the word "transactions"
repealed.
5. In section 26bb paragraph. 2, letter b) the following new point (c)), which read:
"(c)) by way of derogation from this Act or legislation issued on his
the basis of temporarily laying down rules pursuant to section 12 and section 14 (a). and), b) and (d)),
or ".
Letter c) is renumbered as paragraph (d)).
6. In section 26bb paragraph. 2 (a). (d)) for the word "basis" following the word
"temporarily".
7. In section paragraph 38j. 1, letter a) is added:
"and the texts of the laws in force and) decrees, regulating prudential rules
the business of banks to individual and consolidated basis, measures
of a general nature according to § 26bb, and the official communication from the Czech National Bank
them; without prejudice to the provisions of the special law on the
how the promulgation of legislation and publication of the measures of a General
nature, pursuant to section 26bb, ".
PART THE THIRD
Amendment of the Act on savings and credit cooperatives
Article. (IV)
Act No 87/1995 Coll., on savings and credit cooperatives and some
related measures and the law of the Czech National Council
No. 586/1992 Coll., on income taxes, as amended by later regulations, in
the text of the Act No 100/2000 Coll., Act No. 406/2001 Coll., Act No.
212/2002 Coll., Act No. 257/2004 Coll., Act No. 280/2004 Coll., Act No.
377/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 70/2006 Coll., Act No. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 126/2008 Coll., Act No. 254/2008 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.
156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.
41/2011 Coll., Act No. 73/2011 Coll., Act No. 139/2011 Coll., Act No.
420/2011 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No.
37/2012 Coll. and Act No. 254/2012 Coll., is hereby amended as follows:
1. In section 11 (1). 3, the second sentence shall be deleted.
2. In article 27, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
3. In section 27. 2, the words "paragraphs 1 and 2" shall be replaced by "paragraph
1. "
4. In section 27b, paragraph. 2 (a). l), the words "or 2 be deleted".
5. In section 28 paragraph. 3 (b). (b)), the word "laws" shall be replaced by "the laws of the
and "and the words" and the legislation and measures the CNB issued under this
the Act "shall be deleted.
6. In article 28i paragraph. 1 (a). and the words ") the updated texts of the laws,
decrees and measures of the Czech National Bank ' shall be replaced by the words "authentic texts
laws and ordinances ".
PART THE FOURTH
Amendment of the Act on the bonds
Article. In
Law No. 190/2004 Coll. on bonds, as amended by law No 378/2005 Coll.
Act No 56/2006 Coll., Act No. 57/2007 Coll., Act No. 296/2007 Coll.
Law No. 230/2008 Coll., Act No. 227/2009 Coll., Act No. 230/2009 Sb.
Act No 281/2009 Coll., Act No. 160/2010 Coll., Act No. 199/2010 Sb.
Act No. 355/2011 Coll. and Act No. 172/2012 Coll., is hereby amended as follows:
1. In section 32, paragraph. 2 the words "published in the journal of the Czech measure
the National Bank "shall be replaced by" Decree ".
2. In section 45, paragraph. 2 the words "measures of the Czech National Bank" shall be replaced by
the word "Decree".
PART THE FIFTH
TRANSITIONAL PROVISIONS
Article. (VI)
1. the measures of the Czech National Bank (hereinafter referred to as "measures"), issued on
the basis of the mandate contained in Act No. 6/1993 Coll., as amended effective to
date of entry into force of this law, in law No 21/1992 Coll., as amended by
effective until the date of entry into force of this Act, Act No 87/1995 Coll.,
in the texts of the effective to date of the entry into force of this law, and law No.
190/2004 Coll., as amended, effective the date of the entry into force of this Act,
renowned in the journal of the Czech National Bank by posting their full
the text to the date of entry into force of this law, and to this day is valid
shall cease to have effect not later than 31 March 2004. December 2014. Until 31 December 2006.
December 2014 the Czech National Bank valid measures to cancel the measures
published in the journal of the Czech National Bank.
2. For breach of the obligations laid down measures of the Czech National Bank,
valid until the date of its cancellation, the Czech National Bank can be saved
corrective measures or sanctions under the laws referred to in paragraph 1, in
the texts of the effective to date of the entry into force of this law.
3. After the period of validity of the measures of the Czech National Bank publishes Czech
National Bank of their valid wording in a manner enabling remote access.
PART SIX
CANCELLATION PROVISIONS
Article. (VII)
Shall be repealed:
1. In the first section of the article. (II) Law No 442/2000 Coll., amending Act No.
6/1993 Coll. on Česká národní banka, as amended, and
Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by
amended.
2. In the first section of the article. (II) and part of the second Act No 127/2002 Coll., which
amended by law No 6/1993 Coll. on Česká národní banka, as amended
legislation, law No 442/2000 Coll., amending Act No. 6/1993 Coll., on the
The Czech National Bank, in wording of later regulations, and Act No. 166/1993
Coll. on the Supreme Audit Office, as amended, and
Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by
amended.
PART SEVEN
The EFFECTIVENESS of the
Article. (VIII)
This law shall enter into force on 1 January 2005. July 2013.
Němcová in r.
Zeman in r.
Samantha r in r.
